- 1 - HC-KAR NC: 2025:KHC:29385 CRL.P No. 8859 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8859 OF 2025 BETWEEN: ANNAPPA T S/O TUKRAM, AGED ABOUT 28 YEARS, OCCUPATION: COOLIE WORK, R/O NO.628/9, TRISHUL TALKIES ROAD, NEAR GURUKULA SCHOOL, K. B. EXTN., DAVANAGERE CITY, DAVANAGERE DIST - 577 002. …PETITIONER (BY SRI. H.M. NAVEEN, ADVOCATE) AND: STATE OF KARNATAKA CHIKKAJAJURU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.69/2025 OF RESPONDENT CHIKKAJAJURU POLICE, REGISTERED FOR OFFENCE P/US/ 103(1) OF BNS ACT, WHICH Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29385 CRL.P No. 8859 of 2025 IS PENDING BEFORE HONBLE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC AT HOLALKERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 483 of the BNSS, 2023 seeking to enlarge the petitioner on bail in Crime No.69/2025 of Chikkajajur Police Station, Chitradurga district, registered for the offence Punishable under Section 103(1) of the BNS, 2023. 2. Heard both sides and perused the material on record. 3. Aforementioned Crime is registered on a complaint lodged by Latha. V wife of deceased-Manikanta, against accused Nos.1 and 2. In the FIR petitioner is shown as accused No.1. - 3 - HC-KAR NC: 2025:KHC:29385 CRL.P No. 8859 of 2025 4. Charge sheet has been filed for the offence Punishable under Section 103(1), 238 of BNS, 2023. In the charge sheet petitioner is arraigned as accused No.2. 5. As per complaint averments, deceased Manikantha, accused Nos.1 and 2 were friends. Deceased was a cart vendor. He had provided loan to the petitioner through some private finance and in this connection, there was some quarrel. As the petitioner was unable to repay the loan, he had left the village and the loan was being paid by the deceased. 6. It is alleged in the complaint that on 18.04.2025 at about 03:00 p.m., deceased and the accused came near Raghavendra Photo Studio, where the complainant was working and the deceased went along with them in the passenger auto. At about 10:30 p.m., when the complainant called the deceased, he informed that he will return soon, after having dinner. However, on 19.04.2025 at 07:30 a.m., one Ganesh, a friend of the deceased came and informed that the complainant’s - 4 - HC-KAR NC: 2025:KHC:29385 CRL.P No. 8859 of 2025 husband has been murdered. Immediately, she along with her relatives went to the spot and noticed the dead body of her husband with injuries on face, head, etc. It is alleged that he was murdered by accused Nos.1 and 2 by smashing the face, head, etc., with a stone. 7. In the course of investigation, accused Nos.1 and 2 were arrested on 20.04.2025. On completion of investigation, charge sheet was filed. 8. As per charge sheet allegations, deceased was having an illicit relationship with C.W.16. On 18.04.2025, C.W.16 called the deceased to come to Hireguntanuru village. Deceased as well as accused Nos.1 and 2 went in the auto bearing registration No.KA-17-AA-9500, belonging to accused No.1. At about 07:00 p.m., C.W.16 came to the outskirts of Hireguntanuru village, where the auto rickshaw was parked. When accused No.1 noticed deceased and C.W.16 indulging in obscene activities inside the auto, he questioned the deceased as to why he is doing such things in the auto rickshaw. A quarrel took - 5 - HC-KAR NC: 2025:KHC:29385 CRL.P No. 8859 of 2025 place between them. C.W.16 left the place and went towards Hireguntanuru village. The quarrel continued and in the said quarrel, petitioner/accused No.2 supported accused No.1. Deceased abused the petitioner and assaulted him and the petitioner also assaulted him. At that time, the deceased picked up a stone and assaulted accused No.1. He snatched the said stone from the deceased and assaulted him on his head and once again assaulted on his face and head with parking tiles, on account of which deceased sustained head injuries and died. 9. As per postmortem report, cause of death is due to shock and haemorrhage, as a result of severe head injury sustained. 10. There are no eye witnesses to the incident. Entire case is based on circumstantial evidence. As per charge sheet allegations, the quarrel took place between the deceased and accused No.1. Petitioner\accused No.2 has allegedly supported accused No.1 and therefore, the - 6 - HC-KAR NC: 2025:KHC:29385 CRL.P No. 8859 of 2025 deceased assaulted him, inturn petitioner also assaulted the deceased. When the deceased tried to assault accused No.1 with a stone, the said accused snatched the stone from his hand and assaulted him on his head and once again assaulted him with parking tiles. 11. There is no allegation against the petitioner that he has assaulted the deceased with any weapon. The said allegations are against accused No.1. The prosecution has alleged that after the incident, to cause disappearance of the evidence, petitioner/accused No.2, took the auto rickshaw towards Davanagere. Section 238 of the BNS is invoked against the petitioner. 12. Prosecution has to establish during trial that even the petitioner had a common intention to commit the murder. He has no criminal antecedents. He is in custody since 20.04.2025. Investigation is completed and charge sheet is filed. Hence, by imposing suitable conditions, petitioner can be admitted to bail. Accordingly, the following: - 7 - HC-KAR NC: 2025:KHC:29385 CRL.P No. 8859 of 2025 ORDER i) Petition is allowed. ii) Petitioner/ accused No.2 (as per charge sheet) shall be enlarged on bail in Crime No.69/2025 of Chikkajajur Police Station, Chitradurga (C.C.No.1331/2025 pending on the file of Principal Civil Judge (Junior Division) and JMFC, Holalkere) subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. - 8 - HC-KAR NC: 2025:KHC:29385 CRL.P No. 8859 of 2025 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 22 CT: BHK